The defendant municipality brought a motion for summary judgment to dismiss the plaintiffs' negligence claim arising from a motor vehicle collision.
The plaintiff's vehicle was struck by another driver who ran a red light, causing the plaintiff's vehicle to collide with a rigid traffic signal pole on a raised median, resulting in severe brain injuries.
The plaintiffs alleged the municipality was negligent for failing to install a breakaway pole.
The court dismissed the motion, finding genuine issues requiring a trial regarding liability, causation, and whether the claim was statute-barred under s. 44(8) of the Municipal Act, 2001, as the full appreciation test could not be met on the motion record.
